The Street Works (Charges for Occupation of the Highway) (East Sussex County Council) Order 2025
This order approves East Sussex County Council's lane rental scheme, enabling them to charge for street works that occupy the highway in specific locations and times.
This authority is granted under the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012.
The scheme aims to manage traffic disruption and generate revenue for highway improvements, with provisions for discounts or waivers in certain circumstances.
Arguments For
Improved Traffic Management: The lane rental scheme allows East Sussex County Council to manage street works more effectively, minimizing disruption to traffic flow in sensitive locations and times.
Increased Revenue for Highway Improvements: Charges collected can fund improvements to the highway network and related infrastructure, improving roads for all users.
Fair Cost Allocation: The scheme ensures that those undertaking street works bear the costs associated with the disruption they cause, promoting responsible planning and execution.
Legal Compliance: The Order ensures compliance with the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012, providing a framework for regulating street works and their impact on public highways.
Arguments Against
Increased Costs for Businesses: Charges could lead to increased costs for businesses undertaking street works, potentially impacting project budgets and timelines.
Potential for Administrative Burden: Implementation of the scheme might create additional administrative burden for both the council and businesses undertaking works.
Disproportionate Impact on Smaller Businesses: The additional costs associated with charges might disproportionately affect smaller businesses, limiting their ability to compete.
Unintended Consequences: The scheme might have unintended consequences, such as incentivizing businesses to schedule works during less convenient times or undertake works less frequently and therefore less immediately.
- Citation, commencement and extent (1) This Order may be cited as the Street Works (Charges for Occupation of the Highway) (East Sussex County Council) Order 2025. (2) This Order extends to England and Wales. (3) This Order comes into force on 1st April 2025.
This section provides the title, geographic scope, and effective date of the order.
The order is officially titled the Street Works (Charges for Occupation of the Highway) (East Sussex County Council) Order 2025, applies to England and Wales, and takes effect from April 1st, 2025.
- Approval of local highway authority The Secretary of State approves East Sussex County Council for the purpose of requiring charges to be paid under the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012 in accordance with the East Sussex County Council Lane Rental Scheme which was submitted to the Secretary of State on 8th October 2024 and subsequently approved by her.
The Secretary of State formally approves East Sussex County Council's application to charge for street works under the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012.
This approval is based on the council's submitted and approved Lane Rental Scheme, submitted on October 8th, 2024.
Signed by authority of the Secretary of State for Transport Lilian Greenwood Parliamentary Under Secretary of State Department for Transport 17th March 2025
This section provides the formal signature and authorization details of the order.
It confirms that the order was signed by Lilian Greenwood, Parliamentary Under Secretary of State at the Department for Transport on March 17th, 2025.
Explanatory Note (This note is not part of the Order) This Order provides approval for East Sussex County Council to require the payment of charges in accordance with the East Sussex Lane Rental Scheme (“the Scheme”) for certain street works carried out in the highway. The requirement to pay charges to an Approved Authority is set out in the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012 (“the 2012 Regulations”) (S.I. 2012/425). The term “Approved Authority” is defined in regulation 2 of the 2012 Regulations. This Order will bring the Council within the definition of “Approved Authority” for the purposes of the 2012 Regulations. The Scheme, which has been submitted to and approved by the Secretary of State, is designed to control the carrying out of works in specified “Traffic-Sensitive Locations” at “Traffic-Sensitive Times”. Traffic-sensitive locations and traffic-sensitive times are defined in the 2012 Regulations. This will be achieved by requiring the payment of a charge, in accordance with the 2012 Regulations, for each day that the street is occupied by the works. East Sussex County Council may reduce or waive the daily charge and the Scheme contains guidance as to when a discount will be applied. A copy of the Scheme can be inspected at the offices of East Sussex County Council, County Hall, St Anne’s Crescent, Lewes, East Sussex, BN7 1UE. It is also available to view on East Sussex County Council’s website found at www.eastsussex.gov.uk.
This explanatory note summarizes the order's purpose and impact.
It clarifies that the order legally permits East Sussex County Council to charge for street works based on its approved lane rental scheme, which focuses on controlling works in traffic-sensitive areas and times.
This is done under the 2012 regulations, with a mechanism for potential charge waivers, as detailed in the referenced scheme.
The note concludes by directing readers to where they may access the full scheme document.